Over a decade after his death, vindication has come to Fela Kuti, Africa’s musical genius. AfroBeat, his gift to the world, is now an international staple on his own uncompromising terms, social content intact.
Throughout his life, Fela contended that AfroBeat was a modern form of danceable, African classical music with an urgent message for the planet’s denizens. Created out of a cross-breeding of Funk, Jazz, Salsa and Calypso with Juju, Highlife and African percussive patterns, it was to him a political weapon.
Fela refused to bow to the music industry’s preference for 3-minute tracks, nor did he buckle under entreaties to moderate his overwhelmingly political lyrics. He went down in 1997 still railing against the consumerist gimmicks that taint pop music, with the aim, he felt, of promoting and imposing homogeneous aesthetic standards worldwide, thereby inducing passivity.
The fact that AfroBeat is today globally winning hearts in its original form – lengthy, ably crafted, earthy compositions laced with explicitly political lyrics – suggests that Fela’s purgatory on earth may have served to awaken a sensibility in people to appreciate authenticity and substance.
Fela’s rise in the early 1970s paralleled the downfall of the hopes Africans pinned on their newly won Independence. As a whole, Africans were again living in incarcerated societies; Nigeria, he said, was a “prison of peoples”. Africa had fallen mostly into the hands of uncaring thieves and scoundrels who were unmindful of wrecking society in order to sustain insolent lifestyles. To reclaim Africa’s stolen dignity became Fela’s obsession.
As many of these new countries turned into terror-drenched, neo-colonial states, Fela summoned his people to return to their senses and principles of old: self-pride, self-reliance, and decency rooted in traditional cultural norms. To achieve these, he prescribed forsaking the corrupting ways of Western society, its capitalist greed, its Communist despotism, the straitjacket moral conventions of Judeo-Christianity and Islam. He saw imperialism, colonialism and racism as scourges to be universally eradicated, and the structures that sustain them dismantled, before humankind could advance.
Fela’s seismic music infused freshness into the reality of rotten politics. In song after song, he summoned revolt, not solely against erstwhile tyrants and exploiters (“Zombie”, “Army Arrangement”, “Coffin for Head of State”) but against self-damaging prejudices and assimilationist alienation (“Yellow Fever”, “Colonial Mentality”, “Teacher, Don’t Teach Me No Nonsense”, “Gentleman”, “Lady”). He chastised the West (“International Thief Thief”, “Underground System”) and the local elites that fronted for multinationals (“Beasts of No Nation”, “Government of Crooks”).
Ordinary Africans embraced songs such as “Shakara”, “Sorrow Tears and Blood”, “Upside Down” and “Why Black Man Dey Suffer” for accurately mirroring their frustrations. They welcomed the graphic words of “Expensive Shit” or “Who No Know Go Know” as down-to-earth explanations for their lowly condition. More importantly, Fela’s music was a clarion proclamation that it was possible to reverse their lot (“Water No Get Enemy”, “Africa Center of the World”).
Groomed and pampered in youth by a pre-independence middle class but morphed by Black Power and pan-Africanist politics into a revolutionary ghetto hero, Fela voiced relentless condemnation of the so-called New Africa, attracting to himself a deluge of repression. His personal life became a harrowing tale of police beatings, victimization by the court system, near-death encounters with the Nigerian military.
Fela’s casual, uninhibited approach to sexual relations, his affection for nudity, further alarmed the uptight elites. Because of the Judeo-Christian concept of “sin”, he believed, humans were constrained by an “Adam-and-Eve” loathing of their own bodies. Monogamous marriage, individualism and “body-phobia”, he said, were Islamic-Arab or Judeo-Christian importations.
Few aspects of his life caused more affront, and media curiosity, than his marriage to twenty-seven beautiful fellow singers and dancers, aggravated by his impenitent use of marijuana. Though no woman ever claimed to have been coerced into marrying him or remaining at his side, these young, resourceful, intelligent and highly politicized co-wives were considered an insult to “good society”.
Nigeria’s rulers regarded Fela’s “Kalakuta Republic” as a Sodom and Gomorrah to be purged with sulphur and gunfire; this elicited from Fela a response whose trademark extravagance signaled out-and-out defiance. When convenient, he provoked outrage, rode it as if surfing a wave, and used it as political capital.
A life pockmarked by scandal allowed Fela to project himself as indestructibly macho, an image he relished and cultivated. This was as much a manifestation of patriarchal narcissism as an attempt to blunt the fear the Nigerian military’s ferocity had instilled into ordinary citizens.
Fela was a Promethean spirit, in a constant face-off with Death. In the solace of intimacy, he was jovial, boisterous and loquacious, but he was mercurial – reflective and wistful at times, irascible and distant at others. His father-brother-lover relationship with his wives was overall affectionate, their love and loyalty for him undeniable. But his angry outbursts at errant household members or defaulting band personnel were intimidating.
Anyone who knew him well was aware that he was a nurturing democrat as much as a charismatic autocrat. Intensely loyal to friends and family and a profoundly generous man, he could be quite dogmatic, inconsistent and arbitrary in views and behavior, reigning unfettered as a benevolent King over his Kalakuta commune.
Much of what Fela said may be questionable, but most of what he actually did is not. Intuitive, and shot-from-the-hip, Fela’s ideology was all his own – disjointed and contradictory, but powerful and original. His sincere commitment to the world’s underdogs is indisputable, as was his passionate love for Africa.
Although his uninhibited life-style openly challenged the nuclear/monogamous marriage structure, paving the way for progressive discussions of multiple forms of partnership, Fela’s take on sexual orientation and identity echoed archaic notions. He recognized the need to renegotiate the social pact between the genders and stood up for the rights of prostitutes as “sexual workers” deserving respect and legal protection. But he exhibited much confusion about homosexuality; faced with such issues, he retreated to the safe ground of established patriarchal/heterosexual socialization. So, what is it about this quixotic rebel and libertine that fascinates us?
Partly it was his transgressive deviation from conformity; partly, his willingness to pay a heavy price for defending freedom. Above all, as an artist, he has left us an imperishable music that is indeed classical. His masterly compositions are a sort of people’s dictionary, translating into accessible art the complex ills afflicting society. AfroBeat is about social, political and cultural literacy. It confronts the geography of world complacency, greed and fear and calls for a trans-formative insubordination.
Introducing the 2021 Partisan Record Club: a yearly subscription that grants members six shipments per year. Each installment comes with one catalog title and one new title, plus exclusive merch, a permanent discount in the Partisan shop, and other bonuses along the way. The Club is limited to 150 entries, so secure your spot HERE before it sells out.
Partisan Records no longer has the capacity to accept unsolicited demos.
WHO WE ARE
INFORMATION WE MAY COLLECT FROM YOU
When you use the Site or contact us by e-mail, social media, telephone, or other methods, we may collect and process the following data about you:
- Information you give us, including:
--Forms filled out by you on the Site;
--Content of correspondence with us by phone, e-mail or otherwise;
--Orders placed on the Site;
--Participation in discussion boards or other social media functions on the Site;
--Entering a competition, promotion or survey;
--If applicable, resume, work history, CV, resume or other job application information;
--Reporting a problem or requesting support for the Site.
- The information you give us may include your name, address, e-mail address and phone number, date of birth, payment information, personal description, photographs or images or comments.
- Information we collect about you.
- With regard to each of your visits to our Site we may automatically collect the following information:
--Technical information, including IP address, login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
--Information about your visit, including the full URL clickstream to, through and from our Site (including date and time);
--Pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- We may also collect information about your devices (including phones, computers or other devices) where you access and visit our Sites. Such information may include unique device identifiers and mobile network information (including phone number), IP address, language and time zone, operating system, hardware version, device locations (including specific geographic locations, such as through GPS, Bluetooth or WiFi signals).
HOW YOUR INFORMATION MAY BE USED
We may use information held about you in the following ways:
- To help us respond to your queries;
- To provide you with information on the relevant Partisan recording artist;
- To provide you, or permit selected third parties to provide you, with information about other goods and services we offer that are similar to those that you have already purchased or inquired about or that we feel may interest you;
- To make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them;
- To provide or permit third parties to provide targeted advertising via websites you visit about goods or services that you may find interesting
- To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- To track the progress and number of entries in competitions and promotions.
- To allow you to interact with our Site, for example by posting comments or to share information from our Site on third party social media platforms;
- To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- To manage your access to the services or notify you about changes to the services;
- To comply with legal and regulatory requirements;
- To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- To improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
- As part of our efforts to keep our Site safe and secure;
We may combine information we receive from other sources with information you give to us and information we collect about you (including information in relation to your devices). We may use this combined information for the purposes set out above.
DISCLOSURE OF YOUR INFORMATION
We may share your personal data with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service;
- Business partners, suppliers and sub-contractors to provide you with information about promotions and offers;
- Relevant Partisan recording artists and/or their representatives;
- Advertisers, advertising networks and social networks that require the data to select and serve relevant adverts to you and others. We may also use aggregate and other information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience;
- Analytics and search engine providers that assist us in the improvement and optimization of our Site;
- Third parties when you consent to or request such sharing.
We may disclose your personal data to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If Partisan or substantially all of Partisan’s assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
- To any other third party where lawful.
STORAGE AND TRANSFER OF DATA
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk.
SOCIAL MEDIA AND OTHER THIRD PARTIES THAT PROVIDE CONTENT, ADVERTISING OR FUNCTIONALITY ON OUR SERVICES
Some of the content, advertising and functionality on our Site may be provided by third parties that are not affiliated with us. For example, you may have the opportunity to log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal data with us. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network.
This Site is not directed toward children (as defined by local law) nor does Partisan knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws.
You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your personal data, and to request access to, rectification, erasure, and portability of your own personal data by contacting us as described in the “Contact” section. We may require you to prove your identity with approved identification if you request this information.
You may also be entitled, in accordance with applicable law, to lodge a complaint with a supervisory authority if you consider that our processing of your personal data infringes applicable law.
You are responsible for keeping your information current and up-to-date. You may update your information by contacting us as described in the “Contact” section.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us as described in the “Contact” section.
LINKS TO THIRD PARTY WEBSITES
Our Site, our newsletters and other communications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
USERS OF SITES IN THE EUROPEAN ECONOMIC AREA
Legal Basis for Data Processing
We may use automated decision making technologies, including profiling, to support our data processing activities. Our automated decision making capabilities include logic that attempts to identify artists, music, communications, products, or offers that we believe may interest you. By using this logic, it helps us personalize your interactions with Partisan and Partisan artists. For you, this means that you may see online advertisements, direct marketing communications (if you have subscribed), or other advertising or marketing messages or special offers based on your activity on our Sites or interactions with Partisan Entities and Affiliates or our third party partners.
In some instances, you may be required to provide us with personal data for processing as described above, in order for us to be able to provide you to use all the features of the Site.
- transferring personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
- using specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
- transferring personal data to the United States to an entity if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
You may be entitled, in accordance with applicable law, to request a copy of relevant safeguards by contacting Partisan as described in the “Contact” section.
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials (or authorize others to) for commercial gain, unless authorized by the appropriate copyright owner(s).
Framing of the Website is permitted only with Partisan's express agreement, and any stipulation on how the framing will be displayed or made available on any third party site shall be at Partisan’s sole discretion. Partisan reserves the right to withhold consent for any reason and any failure to monitor or control each instance of framing shall not be considered a waiver of any of Partisan's rights. Any framing by a third party shall not imply the endorsement or sponsorship of Partisan.
You expressly agree that use of the Website and related services is at your sole risk. The Website, Materials and related services are provided on an "as is" and "as available" basis. Partisan makes no representations or warranties with regard to the Website or any Materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
By using the Website, Materials or related services, you agree that Partisan will not be liable for any loss or damage of any nature whatsoever and howsoever arising out of or in connection with the viewing, use or performance of the Website, Materials or related services whether due to inaccuracy, error, omission or any other cause.
PURCHASING CONTENT, PRODUCTS OR SERVICES ON THE WEBSITE
If you wish to purchase any content, products or services offered on this Website you will be asked to supply certain information. You will be asked to provide your name and email address and depending on the method of payment you will be asked to provide details of either your credit card or your mobile phone. Access to certain content or products may be age restricted. Where any such restriction applies you will be asked to confirm that you are old enough to purchase the items or purchase and view the content as appropriate.
We may monitor any message board and/or webchat area which exists on this Website though we are not under any obligation to do so. We advise you to use care and discretion when disclosing personal information on any message board or on any chat area on this Website as other users may collect and use this information and this may result in users receiving unsolicited messages from other people.
Users must not upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, threatening abuse or otherwise objectionable information of any kind, in any area of the Website including on message boards and in webchat areas. Partisan considers as constituting objectionable information any information which constitutes or encourages the breach of any intellectual property right including copyright whether such right is owned by Partisan or any third party.
Any user of this Website should contact us immediately by email if he or she feels that any message posted on any message board or the content of any webchat is objectionable in any way. We will then endeavor to remove the objectionable messages if we consider it to be necessary.
USE BY CHILDREN
If you are under the age of 16 you should obtain the consent of your parents or legal guardians for submitting any personal information to this Website.
Children under the age of 13 should not submit any personal information without the written consent of their parents or legal guardian. If you are a child under 13 and want to submit personal information to us please ask your parent or legal guardian to send us an email at firstname.lastname@example.org specifying that they consent to us collecting your personal information through this Website. Parents or legal guardians may review or change the personal information of their children or refuse further collection of any such information by sending an email to us at email@example.com.
If we make a sale to you on this site we may use your financial information (including credit card transactions) to check your qualifications and Bill you for and otherwise facilitate your purchase of products and services. When you make a purchase on the Site, we will provide your financial information (including credit card transactions) to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction. When you purchase products or services of third parties offered on the Site, we will provide your financial information (including credit card transactions) to those third parties. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
HOW WE USE AND WHEN WE SHARE BROAD DEMOGRAPHIC INFORMATION
We may use, and may transfer to others to use, broad demographic information that may include data from your activity at the Site, but not personal information. For example, we use broad demographic information to tailor the site to the interests of our visitors, and we may share it with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. We reserve the right to use such broad demographic information, and to allow others to make use of it, without limitation or restriction, and without further notice to you, in our sole and absolute discretion and is the sole and absolute discretion of those with whom we share such information.
When we include links to other internet sites, on this site and in our newsletters and other communications, we do so solely as a convenience to our visitors. Operators of such linked sites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no control. Your access and use of linked sites is solely at your own risk.
Whenever we obtain your personal information we take reasonable precautions to protect it from unauthorized access or disclosure, but we cannot act as insurers of the security of your personal information transmitted over the internet. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or missions beyond our reasonable control.
If you are a member of the artist community you should note that when you complete your member profile this information may be viewed by other members. Accordingly you should not provide any information in your member profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained within it. You should be aware that if you voluntarily disclose information online in a public accessible area, such as in your member profile, a message board or chat room, that information may be collected an used by others. We do not control the actions of our visitors. If you disclose personal information in your member profile message board or any other public accessible place on the internet you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember the protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
USER GENERATED CONTENT
By uploading photos, images, or other content ("Content") to the Site you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of the Content for any purpose.
Partisan Records, LLC, 281 N. 7th St., #2, Brooklyn, NY 11211
Our Terms and Conditions of Supply are provided by our shop and warehousing partner, Ochre. For more information about our shop's T&Cs, please visit here.
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content. These terms apply to orders of products made by you through third party websites in respect of which we provide retail services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or that they require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Ochre Music Ltd trading as Ochre is a company registered in The United Kingdom. Our registered office is at Unit L, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP. This store is operated by us on behalf of the Store Owner
2.2 How to contact us. If you have an issue with your purchase, customer services and fulfilment for this store is provided by Ochre.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our agreement with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a binding agreement will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will issue you with a refund. This might be because the product is out of stock, or because of other circumstances or events which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Where we sell. We sell products in the UK and world-wide, except where we notify you that we are not able to supply products.
4. Our products
4.1 Products may vary slightly from their pictures. The images of products on our website are for illustrative purposes only. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of products may vary from that shown on images on our website.
5. Our rights to make changes
5.1 Minor changes to products. We may change products:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements. These changes will not substantially affect your use of the products affected by the change.
5.2 More significant changes to products and these terms. If we need to make more significant changes to these terms or products for which you have placed an order, we will notify you and give you the opportunity to contact us to end the agreement and receive a full refund before the changes take effect.
6. Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
6.2.1 If the products are goods. we will provide you with an estimated delivery date when you place your order, which will be within 30 days after the day on which we accept your order, except in relation to pre-ordered goods, where we will give you an estimated shipping date based on when we expect the goods to be in stock.6.2.2 If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order, unless your order is a digital pre-order, in which case it will be made available on the stated release date.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. Redelivery of the product will be subject to the terms of the carrier.
6.5 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
6.6 When you own goods. You own goods once we have received payment in full.
6.7 How long do I have to change my mind about a product? How long you have depends on what you have ordered and how it is delivered.
6.7.1 Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.6.7.2 Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receive the goods.
6.8 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
6.8.1 digital products after you have started to download or stream these; or6.8.2 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
6.9 International Shipping. Orders shipped between countries may incur duties and taxes and additional fees levied by carriers or brokers to administer collection of said duties and taxes. For the avoidance of doubt payment of duties, taxes and any related carrier fees or costs is your responsibility. We will not be liable or responsible if you do not pay any such import duties or taxes.
7. If there is a problem with the product
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0207864374 or write to us at firstname.lastname@example.org and Customer Services, Ochre, Spectrum House, 32-34 Gordon House Road, London, NW5 1LP.
7.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this agreement. See the box below for a summary of your key legal rights in the UK in relation to the product. Nothing in these terms will affect your legal rights.
7.3 Returning products to us. If you cancel the order for any reason after products have been dispatched to you or you have received them, or if you wish to exercise your legal rights to reject products, you must post them back to us. Please email us at email@example.com or visit https://support.ochre.store/ for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to cancel the order. You must use a service that can return the product to us in good condition. Please ensure that the return parcel is marked clearly with the wording “Return to supplier”
7.4 When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.5 How we will refund you. Within 14 days of receipt of the goods (or, in the case of digital content, you telling us you have changed your mind), we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, if (where you are exercising your right to change your mind) the product is received in a damaged or used state.
7.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
7.6.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2; or7.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
7.7 Downloads from other providers We are not responsible for the digital products and downloads provided in records as a download card or any other delivery method other than through the Ochre system. Including failed or corrupt downloads, incorrect redemption codes or discontinued or broken download services.
Summary of your key legal rights
This is a summary of your key legal rights under UK law. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation*
8. Price and payment
8.1 Where to find the price for the product. The price of the product (which includes applicable VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 9.3 for what happens if we discover an error in the price of the product you order.
8.2 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the agreement, refund you any sums you have paid and require the return of any goods provided to you.
8.3 When you must pay and how you must pay. We accept payment with [all major credit and debit cards]. When you must pay depends on what product you are buying:
8.3.1 For goods, you must pay for the products before we dispatch them.8.3.2 For digital content, you must pay for the products before you download them. For digital pre-orders, we will take payment when you place the order.8.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
9. Our responsibility for loss or damage suffered by you
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. How we may use your personal information
11. Other important terms
11.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement. If you are unhappy with the transfer you may contact us to end the agreement within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
11.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 Nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these terms.
11.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.6 Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either
section1 is a newly launched label in partnership with Partisan. section1 is the brainchild of Brontë Jane (VP of A&R at Third Side Music) alongside Chris Robbins and Tom Wironen of Friendly Announcer management (Big Thief, Unknown Mortal Orchestra, Westerman, etc). Hildegard will be the first release on section1; more news on additional section1 releases to be announced soon.
Partisan Records is a member of Knitting Factory Entertainment. Knitting Factory Records is its sister label and the same team are responsible for releasing its catalogue and new titles.